Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

by | Jun 19, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Deed Restrictions, Department of Housing and Urban Development (HUD), Emotional Support Animals, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Restrictive Covenants

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner...
VACATING A ROAD OR ALLEY UNDER THE LAND DIVISION ACT

VACATING A ROAD OR ALLEY UNDER THE LAND DIVISION ACT

by | Jun 11, 2019 | Brandan Hallaq, Construction, Deed Restrictions, Developers, Michigan Condominium Lawyer, Michigan Real Estate Attorney, Michigan Real Estate Cases, Planned Unit Development, Plat, Property Development, Title Disputes

In Michigan, a significant portion of commercial and residential real estate development occurs through the creation of either subdivisions or condominiums. Typically, an owner of a large parcel of land will establish a condominium or subdivision as a means of...
MCL 559.148: HOW TO RELOCATE UNIT BOUNDARIES UNDER THE MICHIGAN CONDOMINIUM ACT

MCL 559.148: HOW TO RELOCATE UNIT BOUNDARIES UNDER THE MICHIGAN CONDOMINIUM ACT

by | May 7, 2019 | Bylaws, Condominium Document Amendments, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Mortgagee Approval

Michigan condominium associations and co-owners should be aware that the boundaries of condominium units are not necessarily fixed and may be changed provided that certain requirements are satisfied under the Michigan Condominium Act, MCL 559.101, et seq.  By way of...
Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

by | Apr 19, 2019 | Bylaws, Condo and HOA Cases, Condominium Document Amendments, Condominium Document Enforcement, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to...
HOA violates the Fair Housing Act by denying a service animal in the clubhouse

HOA violates the Fair Housing Act by denying a service animal in the clubhouse

by | Apr 5, 2019 | Board of Directors, Condo and HOA Cases, Department of Housing and Urban Development (HUD), Director and Officer Liability, Emotional Support Animals, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s...